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Severe disability removed

Crampers1

Hello everybody
I have just had a letter from DWP and they have reminded my severe disability I tang them and they have said it is because I have my sister living with me. She was placed with my family in march by social services as there are concerned about her living situation(she was in a relationship that broke down and has a dependant child age 2) I am on enhanced daily living but low rate mobility as it is mental health related. My sister claims income support and has been allowed as we are separate family units DWP says she can claim carers allowance to replace what had been lost...this doesn't sound right at all as surely she is caring for her son. Is it worth appealing as not quite sure how I will cope without it as I use it mostly for travel to medical appointment. Thank you in advance. K

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Crampers1

Excise typos...I meant removed

poppy123456

Hi,

As she's your sister and is now living with you then DWP are correct that you're no longer entitled to the severe disability premium, unless she also claims a qualifying benefit like PIP daily living or DLA mid/high rate care as well.

There's nothing stopping her from claiming Carers allowance for looking after you, providing she does this for at least 35 hours per week. Having a child of her own wouldn't prevent her from claiming this but you wouldn't receive the money, she would.

Crampers1

Hello and thank you for your reply. The system is very confusing and admit I got myself into a state when I realised what had been removed she us struggling herself and has a family support worker. I will talk with my sister and her fsw I had one short term but they are like gold dust so don't feel I should use them again. Take care and again thank you x

Angiebabes2410

20 years ago I had a friend staying with me and I was on severe disability benefits and she had learning difficulties but the week she turned 18 they stopped my SDB and she had to leave my home as she wasn't helping me or doing anything in my home. I had no choice, they never allow you to do something decent and help people over 18 unless they claim carers allowance . When i married my ex husband we both had to claim carers for looking after each other as neither of us were able to get the severe disability premium anymore. Hope that helps

Yadnad

poppy123456 said:

There's nothing stopping her from claiming Carers allowance for looking after you, providing she does this for at least 35 hours per week. Having a child of her own wouldn't prevent her from claiming this but you wouldn't receive the money, she would.

I would imagine that being a full time mum with a child of two is going to find it hard to show that she also has the spare time to give her sister 5 hours of care 7 days a week.

The comment made by the DWP - "DWP says she can claim carers allowance to replace what had been lost" could be seen as enticement to claim a benefit possibly fraudulently. She can make a claim if she satisfies the conditions relating to income AND time spent caring. I doubt if the DWP had asked any questions of that nature before making that suggestion.
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poppy123456

Caring for someone for 35 hours per week doesn't mean they have to physically be helping this person the whole time. It can be any sort of care, even if it's just sitting with the person or supporting them in any sort of way. It's still classed as caring.

Yadnad

poppy123456 said:

Caring for someone for 35 hours per week doesn't mean they have to physically be helping this person the whole time. It can be any sort of care, even if it's just sitting with the person or supporting them in any sort of way. It's still classed as caring.

Am I not right in saying that the act of caring for DWP purposes is that there has to be an action, something tangible with the cared for present? Sitting with someone surely isn't caring?